Introduction

Under South African statute, the owner of copyright in a work is given the exclusive right to perform certain specified acts in respect of their work or authorise others to do so, thus preventing unauthorised persons from performing those acts.

However, only certain specified categories of work defined in the Copyright Act are eligible for copyright protection.

Works eligible for copyright protection

Only works that fall within the following categories are eligible for copyright protection:

  • literary works, irrespective of their literary quality, including:
    • novels, stories and poetical works;
    • dramatic works, stage directions, cinematograph film scenarios and broadcasting scripts;
    • textbooks, treatise, histories, biographies, essays and articles;
    • encyclopaedias and dictionaries;
    • letters, reports and memoranda;
    • lectures, speeches and sermons; and
    • tables and compilations, including tables and compilations of data stored or embodied in a computer or a medium used in conjunction with a computer;
  • artistic works, irrespective of their artistic quality, including:
    • paintings, sculptures, drawings, engravings and photographs;
    • works of architecture (ie, buildings or models of buildings); and
    • works of craftsmanship;
  • drawings, including any drawing of a technical nature or any diagram, map, chart or plan;
  • computer programs;
  • musical works;
  • cinematograph films;
  • sound recordings;
  • broadcasts;
  • programme-carrying signals; and
  • published editions.

Copyright protection terms

The respective terms of copyright protection for the different categories of work are as follows:

  • Literary works, artistic works (other than photographs) and musical works are protected for the life of the author and 50 years from the end of the year in which they die.
  • Computer programs, photographs and cinematograph films are protected 50 years from the end of the year in which the work is lawfully made available to the public or is first published, whichever term is the longer; however, if neither event occurs 50 years from the making of the work, the term will apply 50 years from the end of the year in which the work is made.
  • Sound recordings are protected 50 years from the end of the year in which the broadcast first takes place.
  • Broadcasts are protected 50 years from the end of the year in which the broadcast first takes place.
  • Programme-carrying signals are protected 50 years from the end of the year in which the signals are emitted to a satellite.
  • Published editions are protected 50 years from the end of the year in which the edition is first published.

For further information on this topic please contact Kevin Dam at KISCH IP by telephone (+27 11 324 3000) or email ([email protected]). The KISCH IP website can be accessed at www.kisch-ip.com.

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